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Reckless Endangerment: Global Warming in the Courts

In a post this past February, I reported on the EPA’s regulation of greenhouse gases (GHGs) and the D.C. Circuit’s review thereof in the wake of Massachusetts v. EPA (2007). The appellate court has...

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The Recess: Appeals Court Dings Obama Appointments

In a much-noted decision, a panel of the D.C. Circuit (Judges Sentelle, Henderson and Griffith) has invalidated President Obama’s putative “recess” appointments to the National Labor Relations Board...

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Excess of Recess: Grammar, History, and Institutions

A few more comments on the D.C. Circuit’s recess appointments decision and on Mike R’s post/reply to yours truly: I’d criticized Judge Sentelle’s opinion (not Mike’s article, which I’ve read with great...

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